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Principle: Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which
the contract of transfer subsists.
Facts: 'A', a Hindu who has separated from his father 'B', sells to 'C' three fields, X, Y and Z, representing that 'A' is authorized to transfer the same, Of these fields 2 does not belong to 'A', it having been retained by 'B' on the partition; but on B's dying 'A' as successor obtains Z, and at that time 'C' had not cancelled the contract of sale.
Q. Which of the following derivations is CORRECT?
  • a)
    'A' can sell Z to a third party
  • b)
    'A' is not required to deliver Z to 'C'
  • c)
    'A' is required to deliver Z to 'C'
  • d)
    None of the above statements is correct
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Principle: Where a person fraudulently or erroneously represents that ...



Explanation:

Contract of Transfer:
- A, representing that he is authorized to transfer the three fields X, Y, and Z, entered into a contract of sale with C.
- 2 out of the 3 fields (X and Y) did not belong to A as they were retained by B on the partition.

Acquisition of Z:
- After B's death, A as B's successor obtained field Z.
- A acquired an interest in field Z during the subsistence of the contract of sale with C.

Option of Transferee:
- As per the principle, the transferor's acquisition of an interest in the property during the contract's subsistence allows the transferee (C) to exercise the option to claim the property (Z) from the transferor (A).

Correct Answer:
- Therefore, in this scenario, A is required to deliver field Z to C as C has the option to claim any interest A acquires in the property during the contract's subsistence.

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Community Answer
Principle: Where a person fraudulently or erroneously represents that ...
D
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Principle: Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during whichthe contract of transfer subsists.Facts: 'A',a Hindu who has separated from his father 'B', sells to 'C'three fields, X, Y and Z, representing that 'A'is authorized to transfer the same,Of these fields 2 does not belong to 'A', it having been retained by 'B'on the partition; but on B's dying 'A'as successor obtains Z, and at that time 'C'had not cancelled the contract of sale.Q. Which of the following derivations is CORRECT?a)'A'can sell Z to a third partyb)'A'is not required to deliver Z to 'C'c)'A'is required to deliver Z to 'C'd)None of the above statements is correctCorrect answer is option 'C'. Can you explain this answer?
Question Description
Principle: Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during whichthe contract of transfer subsists.Facts: 'A',a Hindu who has separated from his father 'B', sells to 'C'three fields, X, Y and Z, representing that 'A'is authorized to transfer the same,Of these fields 2 does not belong to 'A', it having been retained by 'B'on the partition; but on B's dying 'A'as successor obtains Z, and at that time 'C'had not cancelled the contract of sale.Q. Which of the following derivations is CORRECT?a)'A'can sell Z to a third partyb)'A'is not required to deliver Z to 'C'c)'A'is required to deliver Z to 'C'd)None of the above statements is correctCorrect answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle: Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during whichthe contract of transfer subsists.Facts: 'A',a Hindu who has separated from his father 'B', sells to 'C'three fields, X, Y and Z, representing that 'A'is authorized to transfer the same,Of these fields 2 does not belong to 'A', it having been retained by 'B'on the partition; but on B's dying 'A'as successor obtains Z, and at that time 'C'had not cancelled the contract of sale.Q. Which of the following derivations is CORRECT?a)'A'can sell Z to a third partyb)'A'is not required to deliver Z to 'C'c)'A'is required to deliver Z to 'C'd)None of the above statements is correctCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during whichthe contract of transfer subsists.Facts: 'A',a Hindu who has separated from his father 'B', sells to 'C'three fields, X, Y and Z, representing that 'A'is authorized to transfer the same,Of these fields 2 does not belong to 'A', it having been retained by 'B'on the partition; but on B's dying 'A'as successor obtains Z, and at that time 'C'had not cancelled the contract of sale.Q. Which of the following derivations is CORRECT?a)'A'can sell Z to a third partyb)'A'is not required to deliver Z to 'C'c)'A'is required to deliver Z to 'C'd)None of the above statements is correctCorrect answer is option 'C'. Can you explain this answer?.
Solutions for Principle: Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during whichthe contract of transfer subsists.Facts: 'A',a Hindu who has separated from his father 'B', sells to 'C'three fields, X, Y and Z, representing that 'A'is authorized to transfer the same,Of these fields 2 does not belong to 'A', it having been retained by 'B'on the partition; but on B's dying 'A'as successor obtains Z, and at that time 'C'had not cancelled the contract of sale.Q. Which of the following derivations is CORRECT?a)'A'can sell Z to a third partyb)'A'is not required to deliver Z to 'C'c)'A'is required to deliver Z to 'C'd)None of the above statements is correctCorrect answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Principle: Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during whichthe contract of transfer subsists.Facts: 'A',a Hindu who has separated from his father 'B', sells to 'C'three fields, X, Y and Z, representing that 'A'is authorized to transfer the same,Of these fields 2 does not belong to 'A', it having been retained by 'B'on the partition; but on B's dying 'A'as successor obtains Z, and at that time 'C'had not cancelled the contract of sale.Q. Which of the following derivations is CORRECT?a)'A'can sell Z to a third partyb)'A'is not required to deliver Z to 'C'c)'A'is required to deliver Z to 'C'd)None of the above statements is correctCorrect answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle: Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during whichthe contract of transfer subsists.Facts: 'A',a Hindu who has separated from his father 'B', sells to 'C'three fields, X, Y and Z, representing that 'A'is authorized to transfer the same,Of these fields 2 does not belong to 'A', it having been retained by 'B'on the partition; but on B's dying 'A'as successor obtains Z, and at that time 'C'had not cancelled the contract of sale.Q. Which of the following derivations is CORRECT?a)'A'can sell Z to a third partyb)'A'is not required to deliver Z to 'C'c)'A'is required to deliver Z to 'C'd)None of the above statements is correctCorrect answer is option 'C'. Can you explain this answer?, a detailed solution for Principle: Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during whichthe contract of transfer subsists.Facts: 'A',a Hindu who has separated from his father 'B', sells to 'C'three fields, X, Y and Z, representing that 'A'is authorized to transfer the same,Of these fields 2 does not belong to 'A', it having been retained by 'B'on the partition; but on B's dying 'A'as successor obtains Z, and at that time 'C'had not cancelled the contract of sale.Q. Which of the following derivations is CORRECT?a)'A'can sell Z to a third partyb)'A'is not required to deliver Z to 'C'c)'A'is required to deliver Z to 'C'd)None of the above statements is correctCorrect answer is option 'C'. Can you explain this answer? has been provided alongside types of Principle: Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during whichthe contract of transfer subsists.Facts: 'A',a Hindu who has separated from his father 'B', sells to 'C'three fields, X, Y and Z, representing that 'A'is authorized to transfer the same,Of these fields 2 does not belong to 'A', it having been retained by 'B'on the partition; but on B's dying 'A'as successor obtains Z, and at that time 'C'had not cancelled the contract of sale.Q. Which of the following derivations is CORRECT?a)'A'can sell Z to a third partyb)'A'is not required to deliver Z to 'C'c)'A'is required to deliver Z to 'C'd)None of the above statements is correctCorrect answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle: Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during whichthe contract of transfer subsists.Facts: 'A',a Hindu who has separated from his father 'B', sells to 'C'three fields, X, Y and Z, representing that 'A'is authorized to transfer the same,Of these fields 2 does not belong to 'A', it having been retained by 'B'on the partition; but on B's dying 'A'as successor obtains Z, and at that time 'C'had not cancelled the contract of sale.Q. Which of the following derivations is CORRECT?a)'A'can sell Z to a third partyb)'A'is not required to deliver Z to 'C'c)'A'is required to deliver Z to 'C'd)None of the above statements is correctCorrect answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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